Dismissal or resignation; you be the judge

Here is a passage from one of the very rare cases in which an employee has succeeded in demonstrating in…

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Dismissal or resignation? Fair work law

It is often a fine line between a resignation and a dismissal as is evident in the following extract from…

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Fair work cases; what is a dismissal?

Curiously the legal issues of whether an employee has been dismissed, and when, are disputed reasonably often in the unfair…

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Termination of employment; what is a dismissal?

It is surprising how many legally recognized variations on a dismissal there are in employment law; for example, constructive dismissal,…

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Dismissal by e-mail not a good look

Although the Fair Work Act requires an employer to provide an employee with written notice of the day of termination…

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General protections process where constructive dismissal is alleged

I have been intrigued for some time now whether the concept of constructive dismissal has any role to play in…

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Unfair dismissal; what is a dismissal?

The following extract from a Fair Work Commission unfair dismissal case sets out the legal principles which must be made…

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Dismissals under the WA fair work system

“It is clear that for the purposes of the Commission’s unfair dismissal jurisdiction, a “dismissal” can be constituted by the…

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Casual employees; has there been a dismissal?

It is reasonably common for an employer of casual employees to claim in an unfair dismissal case in the Fair…

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The effect of a dismissal during notice of resignation

It is not uncommon for an employee to give notice of resignation under an employment contract, or even pursuant to…

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